Excerpt: ...he discretionary provision of Code Civ. Proc. § 473(b) and Code Civ. Proc. § 473.5. The discretionary provision of Code Civ. Proc. § 473(b) provides, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be ...

Excerpt: ...uciary duty, (2) fraud, (3) violation of Gov. Code § 12650, (4) unjust enrichment, and (5) breach of contract. Among other things, Plaintiff alleges that Defendant abandoned his job as chief of police for the City of Baldwin Park and thereafter continued to collect his pay and benefits. Defendant Steven McLean brings an anti-SLAPP Motion as to the entirety of the Complaint. I. Code Civ. Proc. § 425.17 Plaintiff contends the public interest exem...

Excerpt: ...The Motion for Summary Adjudication is denied. The Motion for Leave to Amend is denied. This is an action in which Plaintiff alleges that Defendants failed to provide access to a 1964 Ferrari purchased by Plaintiff. On November 19, 2019, Plaintiff filed the Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) conspiracy, an...

Excerpt: ...Complaint for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) professional negligence, (5) breach of contract, and (6) negligence. The fifth and sixth causes of action are asserted against Defendants Arvest Central Mortgage Company (“Arvest”) and Summit Funding, Inc. (“Summit”). Plaintiffs allege that they received a loan from Summit for the purchase of a home. The loan ...

Excerpt: ... HHH Artists, Inc. filed the operative Complaint for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) declaratory relief, and (4) violations of the UCL. Plaintiff alleges it entered into an agreement relating to services within the music industry with Defendant UMG Recordings, Inc. and that Defendant breached the agreement by “(a) failing to pay any Unpaid Royalties to HHH, (b) failing to provide HH...

Excerpt: ...ld an evidentiary hearing. On April 28, 2017, American Grandstand Seating Co., Inc. (“AGSC”) filed a complaint in case no. BC659602 against United Production Services, Inc., Brown United, Inc., John Brown, and Tamara Brown (“United Parties”) for (1) accounting, (2)‐(3) conversion, and (4) injunctive relief. The complaint in BC659602 alleges failure to provide collateral despite United Parties' default on two secured promissory notes. Th...

Excerpt: ... Continental Casualty Company Tentative Ruling: The Motion for Summary Adjudication is granted. The Motion for Summary Judgment is granted. On November 14, 2018, Plaintiff filed the operative Complaint for professional negligence. Plaintiff now moves for summary adjudication (“MSA”) on the issue of duty. Specifically, Plaintiff seeks a ruling that Raymond J. Tittmann and Wargo French LLP, as attorneys, had a duty of care in representing Plain...

Excerpt: ...ember 5, 2018, Judge Joseph Kalin tried the issue of whether Plaintiff/Cross‐Defendant Lee Lipscomb waived the right to partition. On December 28, 2018, the Court entered a statement of decision finding that Lipscomb had waived such right. On January 15, 2019, Lipscomb filed objections to the Court's statement of decision. Lipscomb now seeks a mistrial because Judge Kalin never ruled upon Lipscomb's objections and, therefore, did not submit a f...

Excerpt: ...iffs Jenelle Butler and Crezdon Butler filed the operative Complaint for (1) negligent selection, (2) negligent breach of voluntary undertaking, and (3) loss of consortium. The principal allegations of the Complaint are as follows. Defendants Stage 29 Productions, LLC, Stage 29 Media Productions, Inc., Stage 29 Entertainment Group, LLC, and Stage 29 Media Productions, LLC negligently selected a physician on their television show for the purposes ...

Excerpt: ...on of Good Faith Settlement is granted. On December 3, 2019, Plaintiffs filed the operative Complaint for (1) strict products liability, (2), negligence—products liability, (3) negligence, (4) negligent infliction of emotional distress, and (5) breach of warranty. The Complaint provides that as a result of an emergency airplane landing following engine failure two individuals died and another two were injured. On July 15, 2020, Lyons Aircraft L...

Excerpt: ...Liquidating Trust Tentative Ruling: The Motion for Summary Adjudication is granted. On November 12, 2019, Plaintiffs filed the operative First Amended Complaint for refund of state assessed property taxes under Rev. & Tax. Code § 5148 with respect to an electric generating facility located in Kern County, California (“Facility”). Defendant California State Board of Equalization moves for summary adjudication of its first affirmative defense ...

Excerpt: ... Services, and John Sutak Insurance Brokers (collectively, “Argo Defendants”) Responding Party: Plaintiffs Megan Meadowcroft and Amber Brown Tentative Ruling: Allied's Demurrer is sustained in part, without leave to amend. Allied's Motion to Strike is granted in part, without leave to amend. Argo Defendants' Demurrer is sustained. Leave to Amend is specified below. Argo Defendants' Motion to Strike is denied as moot. On May 13, 2020, Plaintif...

Excerpt: ...ional misrepresentation, (3) fraudulent concealment, and (4) an accounting. The allegations of the Complaint are as follows. In June 2012, Plaintiff Fine Art Dealers Association (“FADA”) agreed to sell its rights to the LA Art Show to Defendant LA Art Show, Inc. (“LAAS”) pursuant to an Asset Purchase Agreement (“Purchase Agreement”). Among other benefits under the Purchase Agreement, FADA was to receive “three percent (3%) of all gr...

Excerpt: ...lead, lead compound, cadmium, and cadmium compound exposure. Plaintiff Consumer Advocacy Group, Inc. seeks for the Court to enter a consent judgment between it and Defendants Shun Fat Supermarket, Inc.; El Monte , Superstore, Inc.; SF Supermarket, Inc.; and Tran's Family, Inc. Plaintiff provides, “[t]he Consent Judgment resolves this action, brought pursuant to The Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safet...

Excerpt: ...f filed the operative First Amended Complaint (“FAC”) for (1) fraud and deceit, and (2) breach of contract. The FAC alleges that Defendants breached the confidentiality provision of a Settlement Agreement (“SA”) by improperly filing the SA in case no. BC567260 without sealing it. The FAC also alleges that Defendants filed a fraudulent memorandum of costs in BC567260. On February 6, 2020, the Court heard the Anti-SLAPP Motion filed by Defe...

Excerpt: ...endants Jeffrey Preston Bezos and Gavin de Becker for (1) defamation and (2) intentional infliction of emotional distress. Plaintiff alleges that Defendants falsely published statements that (a) Plaintiff leaked nude photos of Defendant Bezos to the press; (b) he did so as part of a conservative conspiracy with, for example, Roger Stone, Carter Page, and the government of Saudi Arabia to injure Defendant Bezos; (c) Plaintiff stole and sold pictur...

Excerpt: ...tion, (4) FEHA harassment, and (5) intentional infliction of emotional distress. Defendant City of Los Angeles seeks a stay of this action pending resolution of a criminal prosecution as to Councilmember Jose Huizar. Defendant argues, “[t]here appears to be significant overlap between the scope of the criminal charges and the allegations that plaintiff makes in his complaint. In such cases, a stay of the civil action is not only permitted, but ...

Excerpt: ... OVERRULED. Background This is an unlawful detainer action involving a commercial lease. Plaintiff J&J Hollywood, LLC (“Plaintiff”) is a limited liability company that owned the premises commonly known as 1638 North Las Palmas Avenue and 1639-1641-1643 N. Cherokee Avenue, Los Angeles, California 90028 (collectively the “Premises”). Plaintiff leased out the Premises to Defendant PB Hospitality Group, LLC (“Defendant”) to be used as res...

Excerpt: ...d by Defendant's security guard, codefendant Julian Maynard Wust (“Wust”), in front of a nightclub. On July 29, 2019, Plaintiff filed the operative Complaint alleging causes of action for (1) assault, (2) battery, (3) intentional infliction of emotional distress, (4) negligent hearing, retention, and supervising, and (5) negligence. On December 18, 2019, Wust filed a cross-complaint against Plaintiff for assault, battery, negligence, and infl...

Excerpt: ...ving Defendant”) RESPONDING PARTY: Plaintiff Victoria Luckett The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from Plaintiff's alleged wrongful termination. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) discrimination; (2) failure to reasonably accommodate; (3) failure to engage in a good-faith interactive process; (4) retaliation for exercising medic...

Excerpt: ...eltran”) engaged in multiple acts of gender and sex harassment towards Plaintiff Elisa Lira (“Plaintiff”). On February 11, 2020, Plaintiff filed the operative Complaint for (1) sexual harassment in violation of Government Code section 12940 subsection (j), and (2) intentional infliction of emotional distress (“IIED”) against Ramirez and Beltran (collectively, “Defendants”). Defendants demur to these two causes of actions on grounds ...

Excerpt: ... to Dismiss is granted. The Motion to Deem Appeal Timely is denied. On December 9, 2019, Rose Desert Congregate Care, Inc. filed a Notice of Appeal (“Notice”) as to the Labor Commissioner's award (“Award”) in State Case Number WC‐CM‐339735. Respondent Katrina Gloudeman seeks to dismiss the appeal as untimely. Appellant Rose Desert Congregate Care, Inc. seeks to deem its Notice timely. On August 6, 2020, the Court continued the Motions...

Excerpt: ... (2) fraud, (3) unjust enrichment, and (4) violations of the UCL. The allegations of the Complaint are as follows. A judgment was entered against Plaintiff in case no. 15K04277 (“Judgment”) that was in favor of a third‐party, Four Seasons Merchandise. (Compl. ¶¶ 4, 9.) Defendant Creditors Adjustment Bureau, Inc. (“CAB”), a debt collector, was an assignee of the Judgment. (Compl. ¶ 4.) Defendant Kenneth Freed was CAB's counsel. (Compl...

Excerpt: ... as to the fourth cause of action. Leave to amend is to be argued as to the sixth cause of action. On April 8, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) FEHA disability discrimination, (2) FEHA age discrimination, (3) FEHA hostile work environment harassment, (4) violation of the CFRA, (5) retaliation, (6) retaliation for exercise of CFRA, (7) FEHA failure to prevent discrimination and retaliaton, (8) FEHA fa...

Excerpt: ...ion provision within Plaintiff's employee acknowledgement and agreement. (Hochman Decl., Exhibit A.) Plaintiff argues the Motion should be denied because (1) there is no valid arbitration agreement; (2) Plaintiff is entitled to rescission based on fraud; (3) a PAGA waiver renders the entire agreement void; and (4) the agreement is unconscionable. Plaintiff's primary argument is that the parties entered into a certain arbitration agreement on Marc...

Excerpt: ... J. Akhoian and Tamar K. Akhoian, individually and as trustees for The Akhoian Family Trust (“Trust”) filed the operative First Amended Cross‐Complaint (“FACC”) for (1) negligence, (2) breach of written contract, (3) breach of fiduciary duty, (4) breach of implied covenant of good faith and fair dealing, (5) negligence, (6) breach of written agreement, (7) breach of fiduciary duty, and (8) breach of implied covenant of good faith and fa...

Excerpt: ...g: The Motion for Default Judgment is denied. The Motion to Expunge Mechanic's Lien is denied. On January 9, 2020, Plaintiff BMC West, LLC (“BMC”) filed the operative Complaint for (1) foreclosure on mechanic's lien and (2) enforcement against mechanic's lien release bond. Plaintiff alleges it recorded a mechanic's lien for $41,329.01 which represents the amount owed by Defendant Michael Karlin, individually and as trustee of the 12822 Highwo...

Excerpt: ...she was injured in a bus accident in Sonora, Mexico due to Defendants' negligence. On January 18, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) negligence, (2) negligent hiring, training, supervision, and retention, and (3) negligent entrustment. I. Motion for Summary Judgment/Adjudication Defendant Tufesa USA, LLC moves for summary judgment or, alternatively, summary adjudication of all causes of action. Defenda...

Excerpt: ...Morgan, III, individually (4) Cross-Complainant Thomas E. Morgan, III, individually and as trustee of the Beverly C. Morgan Family Trust Responding Party: (1) (2) (5) (6) (7) Cross-Complainant Thomas E. Morgan, III, individually and as trustee of the Beverly C. Morgan Family Trust (3) (4) Plaintiff Richard Pech Tentative Ruling: Pech's Demurrer is sustained in part, with twenty days leave to amend. Peach's Motion to Strike is granted in part. Lea...

Excerpt: ... secrets relating to its produce business in order to aid and join a competitor. On February 4, 2020, Plaintiff filed the operative Complaint for (1) trade secret misappropriation, (2) breach of fiduciary duty, (3) intentional interference with contract, (4) breach of loan agreement, (5) breach of confidentiality agreement, and (6) violations of the UCL. Defendants Daniel Meza, Joseph Meza, and Mezpro, Inc. demur to all causes of action for uncer...

Excerpt: ... On December 9, 2019, Rose Desert Congregate Care, Inc. filed a Notice of Appeal (“Notice”) as to the Labor Commissioner's award (“Award”) in State Case Number WC-CM-339735. Respondent Katrina Gloudeman seeks to dismiss the appeal as untimely. Appellant Rose Desert Congregate Care, Inc. seeks to deem its Notice timely. As an initial matter, the parties dispute the filing deadline for the Notice. Respondent contends that the deadline to fi...

Excerpt: ...otion for Summary Judgment/Adjudication is denied. On December 3, 2018, Plaintiff filed the operative Complaint for (1) FEHA discrimination; (2) FEHA retaliation; (3) FEHA failure to prevent discrimination and retaliation; (4) FEHA failure to engage in the interactive process; (5) FEHA failure to provide reasonable accommodations; (6) declaratory judgment; (7) wrongful termination in violation of public policy; and (8) failure to permit inspectio...

Excerpt: ... Los Angeles Sheriff's Department-Palmdale Station are granted. The Motion to Quash directed at the subpoena issued to Wells Fargo Bank Ltd. is granted in part as set forth herein. This is an action in which Plaintiff alleges that in August 2016 he was evicted from his apartment unit under the false premise that his landlord would subsequently occupy the unit. On June 28, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for...

Excerpt: ...professional negligence. Plaintiff now moves for summary adjudication on the issue of duty. Specifically, Plaintiff seeks a ruling that Raymond J. Tittmann and Wargo French LLP, as attorneys, had a duty of care in representing Plaintiff in connection with an action filed in the United States Bankruptcy Court for the Northern District of California captioned Barry A. Chatz, as Trustee of the CFB/WFB Liquidating Trust v. Continental Casualty Compan...

Excerpt: ...��) for (1) FEHA discrimination, (2) FEHA hostile work environment harassment, (3) FEHA retaliation, (4) FEHA failure to prevent discrimination, harassment, and retalaliation, (5) breach of oral contract not to terminate without good cause, (6) breach of implied‐in‐fact contract not to terminate wihtout good cause, (7) negligent hiring, supervision, and retention, (8) wrongful termination of employment in violation of public policy, (9) viola...

Excerpt: ...rty: (1) (a) Plaintiffs Richard B. Somers and Terri Somers, as Trustees of the Somers Family Trust of 2000; Vicki F. Magasinn, Trustee of Trust A of The Magasinn Family Trust; Robert H. Somers, Trustee of The Robert H. Somers Living Trust; Cinthia Chew, ASP Defined Benefit Pension Plan and Trust; Provident Group Cust. fbo Alan Waxman IRA #3902814; Provident Group Cust. fbo Torry R. Somers IRA #3903316; Provident Group Cust. fbo Todd Somers IRA #3...

Excerpt: ...22, 2019, Plaintiff, on behalf of himself and all persons similarly situated, filed the operative Complaint for (1) failure to pay minimum wages; (2) failure to pay wages and overtime; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide rest breaks or compensation in lieu thereof; (5) failure to provide accurate wage statements in violation of Labor Code § 226(a); and (6) penalties per Labor Code § 203. T...

Excerpt: ...ard of Equalization Tentative Ruling: The Motion to Compel is denied. On November 12, 2019, Plaintiffs filed the operative First Amended Complaint for refund of state assessed property taxes under Rev. & Tax. Code § 5148 with respect to an electric generating facility located in Kern County, California. Plaintiffs seek to compel further deposition testimony from Kristine Cazadd, former executive director of Defendant California State Board of Eq...

Excerpt: ...n case no. BC567260 without sealing it. The FAC also alleges that Defendants filed a fraudulent memorandum of costs in BC567260. On February 6, 2020, Defendants Samuel Wu and Susan Su‐Chun Wu brought an anti‐SLAPP motion as to the entirety of the FAC. The Court was inclined to grant this motion but Plaintiff Shankar insisted that the Court could not do so because Shankar's appeal of the Court's order granting the anti‐SLAPP motion of Defend...

Excerpt: ..., Marquessa Margolin, Bella M.H., a minor, and Emmanuel M.H., Jr., a minor, filed the operative First Amended Complaint (“FAC”) for (1) child endangerment, (2) libel per se, (3) slander per se, (4) libel per quod, (5) slander per quod, (6) false light, (7) statutory violation of right of publicity, (8) common law violation of right of publicity, (9) stalking, (10) aggravated stalking, (11) civil extortion, (12) attempted extortion, and (13) c...

Excerpt: ...fendants negligently represented Plaintiffs for various immigration matters. On June 8, 2018, Plaintiffs filed the operative First Amended Complaint for (1) malpractice, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) injunctive relief, and (5) constructive fraud. Defendants Dok Kyun Kim and Law Offices of Dok Kim move for summary judgment or, alternatively, summary adjudication of all causes of action as well as Plaintiff...

Excerpt: ...at in August 2016 he was evicted from his apartment unit under the false premise that his landlord would subsequently occupy the unit. On June 28, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1)-(2) wrongful eviction, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) intentional breach of covenant of quiet enjoyment, and (6) negligent breach of covenant of quiet enjoyment. Defendants Christoph...

Excerpt: ...the issue of punitive damages. On October 5, 2018, Plaintiff filed the operative Complaint alleging violations of Health & Saf. Code § 1278.5. Plaintiff alleges that Defendant retaliated against him when he reported concerns as to the quality of care for a newborn who suffered a brain injury. Defendant Regents of the University of California moves for summary judgment contending that Plaintiff cannot establish a prima facie case of retaliation o...

Excerpt: ...FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) declaratory judgment, (5) wrongful termination in violation of public policy, (6) failure to pay wages, (7) failure to pay minimum wages, (8) failure to pay overtime compensation, (9) failure to provide meal and rest periods, (10) failure to provide itemized wage statements, (11) waiting time penalties, (12) unfair competition, and (13) failure to permit inspection ...

Excerpt: ...aintiff. On January 25, 2019, Plaintiff filed the operative Complaint for sexual harassment—hostile work environment in violation of the FEHA. Plaintiff brings a Motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 to obtain: 1. The complete Los Angeles Police Department Internal Affairs investigation file (including the complaint face sheet, complaint adjudication form, letter of transmittal, complaint investigation report, adden...

Excerpt: ...gs, Defendants negligently represented Plaintiffs for various immigration matters. On June 8, 2018, Plaintiffs filed the operative First Amended Complaint for (1) malpractice, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) injunctive relief, and (5) constructive fraud. Defendants Dok Kyun Kim and Law Offices of Dok Kim move for summary judgment or, alternatively, summary adjudication of all causes of action as well as Pla...

Excerpt: ...es M. Seeger Responding Party: (1) Plaintiff Alpine Group (2) Defendants Falcon Woods, LLC, Charles M. Seeger, and Gooding & Company, Inc. (3) Plaintiff Alpine Group Tentative Ruling: The Motion for Summary Adjudication of Defendants Falcon Woods, LLC and Charles M. Seeger is granted as to the third and fourth causes of action. The Motion for Summary Adjudication of Gooding & Company, Inc. is granted. The Motion for Summary Adjudication of Plaint...

Excerpt: ...nts Thick Chow and Pacific Alliance Medical Center failed to inform him that his EKG indicated he suffered from atherosclerosis. Plaintiffs also allege that Defendants failed “to perform appropriate diagnostic tests[] [and] fail[ed] to consult with cardiac experts (failure to have the proper skill, training and experience to treat cardiac disease without bringing in a specialist) for the decedent . . . .” (Third Amended Complaint (“TAC”) ...

Excerpt: ...ed. The Motion for Relief from Waiver of Jury Trial is granted. I. Motion for Attorneys' Fees On June 4, 2019, the Court granted Defendant Wilmington Savings Fund Society, FSB's motion for summary judgment. The Court entered judgment on June 28, 2019, and Defendant served a notice of entry of judgment on July 15, 2019. Defendant now moves for attorneys' fees pursuant to contract as the prevailing party in this action. On January 3, 2020, the Cour...

Excerpt: ...s denied. The Demurrer is overruled as moot. Plaintiff/Cross-Defendant First Citizens Bank & Trust Company seeks to dismiss the Cross-Complaint of Oganes J. Akhoian and Tamar K. Akhoian, individually and as trustees for The Akhoian Family Trust (“The Trust”) because (1) this Court lacks jurisdiction in light of the fact that identical causes of action have been removed to federal court and (2) res judicata bars the Cross-Complaint. Plaintiff'...